Employees of companies are looking forward to weekends and public holidays, when they can rest. However, sometimes the work of a company can not be suspended or unexpectedly there are urgent work tasks that must be performed on a weekend or a holiday.What should the employers remember, involving staff in work in these days?
Norms of legislation
According to Art.73 of the Labor Code (hereinafter − Labor Code), work on holidays (non-working) days is allowed:
- at continuously operating enterprises, where the termination of work is impossible due to production and technical conditions;
- in connection with the need to serve the population;
- in the cases under Art. 71 of Labor Code.
The following people are not involved on weekends:
- pregnant women and women with children under the age of three (Art.176 of Labor Code);
- fathers, who raise children without a mother, including in the case of a long stay of the mother in a medical institution (Art. 1861 of Labor Code);
- guardians (trustees), foster parents (Art. 1861 of Labor Code);
- employees under the age of 18 (Art. 192 of the Labor Code).
This prohibition also applies to work on holidays and non-working days.
Registration of involving in work outside of working hours
Involving of employees in work on weekends, as well as holidays (non-working days) is carried out under the written order of the head, where the type of compensation for such work is to be indicated. In the order, it is also necessary to indicate the employees, brigades, sections, departments, etc., which will work these days.
In the event that an employee work on a holiday (non-working) day is determined by the shift schedule, a separate order for his/her involvement in the work on this day is not necessary.
Payment
Work on a holiday and non-working day (sec. 4 of Art. 73 of Labor Code) is paid in double amount (Art. 107 of Labor Code):
- pieceworkers − at double piece-rates;
- workers whose work is paid for by hourly or daily rates − in the amount of a double hour or day rate;
- employees receiving a monthly salary:
- in the amount of a single hour or day rate in excess of salary, if work on a holiday and non-working day was carried out within the monthly working time norm;
- in the amount of a double hour or day rate over the salary, if the work was performed in excess of the monthly rate.
Payment in the mentioned amount is carried out for hours actually worked on a holiday and non-working day. In addition, the double payment applies only to temporary (day) rates or piece rates, and it does not apply to other payments (various bonuses, allowances, bonuses, etc.).
At the request of the employee who worked on a holiday and non-working day, except for a double payment, he/she may also be given another day of rest, which is not paid and is a day off (letter of the Ministry of Labor dated December 29, 2009, № 853/13/84-09).
In the case of record of cumulative hours worked, work on holidays and non-working days according to the schedule should be included in standard working time for the accounting period set at the company. Hours of work exceeding this standard are considered overtime and are paid in double size in accordance with Art.106 of Labor Code.
The total number of overtime hours for the accounting period should be defined as the difference between the actual hours worked and the norm of hours for this period. Payment for all hours of overtime is carried out at the end of the accounting period.
When calculating overtime hours, work on holidays and non-working days performed in excess of the standard of working time established in the company, should not be taken into account in the accounting period, since it has been already paid in double amount (para. 11 of the Methodological Guidelines on the application of the record of cumulative hours worked approved by the order of the Ministry of Labor and social policy of Ukraine dated April 19, 2006 № 138). If the hours of work on holiday (non-working) days are worked out according to schedule, that is, within the established standard of working time it is not necessary to exclude them from overtime hours (letter of the Ministry of Social Policy dated February 17, 2012 № 51/13/116-12).
When determining the hourly rate for the payment of hours actually worked on holiday, non-working days, it is necessary to divide the monthly salary of the employee into a monthly norm for the duration of working hours for the relevant month, approved by the internal labor regulations for this unit (employee).
